The water-pipe, also known as hookah,
shisha and narghile, is a device used to smoke tobacco products and herbal
products that are specially made with molasses and flavouring. Water-pipe
smoking is increasing in North America, especially among the young adult
population. A recent study conducted by the Journal of Paediatrics indicated
that 23% of young adults aged 18-24 used a water-pipe within the last year (1).

Water-pipe tobacco smoking is linked to lung cancer and
other respiratory and heart diseases and infectious diseases such as hepatitis,
tuberculosis and influenza. Water-pipe tobacco smokers are also exposed to
cancer causing chemicals and hazardous gases such as carbon monoxide (2).

DISCUSSION

Enforcement limitations with the Smoke-Free Ontario Act
(SFOA)

Presently, the Smoke-Free Ottawa By-law (2001) and
the SFOA (2006), prohibits the smoking of tobacco inside a public place and
workplace. This would include smoking tobacco products inside water-pipe establishments.
In addition, the SFOA prohibits the sale of tobacco to people under the age of
19. Furthermore, the SFOA also regulates the way tobacco is packaged and
sold.

There are limitations with the SFOA legislation as it
relates to water-pipe establishments.. For instance, many owners/managers of water-pipe
establishments claim that they are smoking and selling an herbal product that
does not contain tobacco. Furthermore, Tobacco Enforcement Officers that are
designated to enforce the SFOA do not have the authority to search and seize
product from the establishment they are inspecting. This additional barrier makes
it difficult for Officers to determine if the product is in compliance with the
SFOA.

Current developments

There are currently 17 known water-pipe smoking
establishments in Ottawa and many reports of underground establishments offering
tobacco product. Many of these establishments are promoted at local festivals,
cafés, post-secondary campuses and on the multi-cultural radio station.

In an effort to overcome the limitations of the SFOA
legislation, the City’s Tobacco Enforcement Officers have undertaken proactive joint
enforcement inspections with the Provincial Ministry of
Revenue (MoR). Tobacco inspectors from the MoR have the authority to search and
seize product and test the product to determine if it contains tobacco.

In 2010, 8 joint inspections on water-pipe
establishments were conducted. During one of these inspections, the MoR confiscated
products and tested at the RCMP laboratory. The results of this
analysis, confirmed it was tobacco product. Charges were laid (improperly
packaged tobacco and selling tobacco without the required signs bearing health
warnings) under the Tobacco Tax Act.

In May 2011, Tobacco Enforcement Officers conducted 4 joint
inspections with MoR Tobacco Inspectors. In total, four water-pipe
establishments received eight provincial offence notices (PON) including
selling tobacco without a required license and supplying tobacco to persons who
appears under 25. Over 30,000 grams of contraband tobacco water-pipe
product was also seized from two establishments. These establishments
received fines totalling over $30,000 in tax penalties. In addition, a large
bin of mixed product was seized from
another establishment.

Next steps

More joint inspections with the MoR have
been scheduled. Ottawa Public Health (OPH) is also exploring the
involvement of Public Health Inspectors (PHIs) to conduct inspections at the
water-pipe smoking establishments to determine compliance under the Health
Protection and Promotion Act (HPPA) related to investigation of health hazards
and infectious disease transmission. Lastly, OPH will be launching two
education campaigns this fall targeting young adults in post-secondary
institutions and the traditional user group about the health effects of
water-pipe smoking as research has shown that both groups underestimate the
health risks.

OPH staff and MoR inspectors will
continue to ensure that all inspections, search and seizure and testing
operations are conducted (i) in strict compliance with all applicable
legislation and City By-laws, and (ii) in consultation with City of Ottawa By-law
and Regulatory Services and Legal Services.

CONSULTATION

City of Ottawa By-law and Regulatory Services were consulted
in the development of this report.

FINANCIAL
IMPLICATIONS

There are no financial implications associated with this
report.

LEGAL
IMPLICATIONS

There
are no legal implications to implementing the recommendation in this
report.

DISPOSITION

Ottawa Public Health will use this report to further engage community
partners, policy-makers and Ottawa residents in developing enforcement strategies
with water-pipe smoking establishments.